[Amended 6-8-2009 by Ord. No. 2775]
All persons appointed to any board, commission
or committee established by the Board of Commissioners shall be appointed
by majority vote of the total current membership of the Board of Commissioners
by a Board motion, not by ordinance or resolution with the exception
of the Zoning Hearing Board and the Building Code Board of Appeals.
[Amended 3-13-1994 by Ord. No. 1872]
A. Any member of a Board, Commission or Committee established
under authority of the statutes of the Commonwealth, the Home Rule
Charter or other ordinance of Whitehall Township may be removed from
their position only for malfeasance, misfeasance or nonfeasance in
office or for other just cause. Such removal shall be by majority
vote of the total membership of the Board of Commissioners. Such motion
may be presented to the Board of Commissioners only after the member
and all Commissioners have received 15 days advance notice of the
intent to take such vote and has had the opportunity to request a
hearing in front of the Board of Commissioners. Procedures for a hearing
shall be in conformity with 2 P.S. § 101 et seq. The member
who is subject to removal may make a request to the Board of Commissioners
for a hearing in writing within 10 calendar days of the date when
the party knew or should have known that the motion for removal had
been submitted for consideration by the Board of Commissioners. If
a hearing is requested, any vote on removal shall be postponed until
the applicant has had an opportunity for a hearing.
B. Procedures for hearings.
(1) Hearings for members of Boards, Commissions and Committees
shall be conducted in the following manner:
(a)
Each hearing shall be open to the public unless
a closed hearing is requested by the member subject to removal.
(b)
All testimony presented at the hearing shall
be given under oath. Oaths may be administered by a court reporter
engaged to record the hearing testimony or the Chairperson, or in
his or her absence, the Vice-Chairperson shall have the power to administer
oaths.
(c)
The President or Vice President of the Board
of Commissioners shall state the general purpose of the hearing and
have the Secretary read the allegations, charges or statement for
which the member is being removed, together with the record of any
other action taken against such member. In addition, the Secretary
shall read any written reply or response received from the member
subject to removal.
(d)
The Chairperson shall afford each person making
charges, or his or her counsel, an opportunity to make further statements
in support of such allegations of cause, charge or example of misfeasance,
malfeasance or nonfeasance. Any party shall have the opportunity to
produce witnesses, with the proponent of removal advancing first with
the burden of proof by a preponderance of the evidence and the member
subject to removal shall go last.
(e)
The Chairperson shall afford the member to be
removed, or his or her counsel, an opportunity to question or cross-examine
any persons or parties making allegations, and shall also afford the
opportunity to question or cross-examine any witnesses produced by
such person.
(f)
The Chairperson shall afford each person making
charges an opportunity to produce any witnesses and to cross-examine
any witnesses produced by the member subject to removal.
(g)
The Board of Commissioners shall determine the
admissibility of any evidence and procedures and shall not be bound
by technical rules of evidence.
(h)
A stenographic transcript of the proceedings
shall be kept and filed in the archives of the Board of Commissioners,
together with any and all documents, exhibits or records pertinent
to the case. The records shall be retained or disposed of in accordance
with the Township's record retention ordinance and schedule.
(i)
At any time during the course of the hearing,
the Board of Commissioners may question or cross-examine the person
making charges, the accused and any witness.
(j)
Within 20 calendar days after the hearing, the
Board of Commissioners shall issue a decision in the form of a written
order. This written decision shall be forwarded to the member subject
to removal. Following the hearing, the Board of Commissioners may
then take action on a motion to suspend or remove the member.
(k)
Decisions of the Board of Commissioners may
be appealed to the Lehigh County Court of Common Pleas.
C. Grounds for "just cause" removal.
(1) For "just cause" removal shall include, but not be
limited to:
(a)
Nonattendance at three consecutive regular meetings
of the group or more than 1/2 of the total number of regular meetings
during calendar year without acceptable excuse.
(b)
Conviction of a crime of the third degree or
above, a crime involving moral turpitude or a crime involving the
office of the member.
(c)
Moving domicile to a location other than Whitehall
Township.
(d)
Such other cause as the Board of Commissioners
might deem appropriate, so long as the conduct of the person would
make him or her unfit to continue to hold public office.
(2) This procedure shall prevail over any other policy
or ordinance to the contrary and shall further apply to positions
created by state statute unless this procedure is deemed to be specifically
preempted by state statute by a court of competent jurisdiction.
(3) This provision shall apply only to appointed uncompensated
offices and shall not be construed to apply to any employee or independent
contractor of the Township, whether or not covered by a collective
bargaining agreement, civil service or otherwise.